The Andover MA couples were once friendly neighbors, but then things took a terrible turn. William and Gail Johnson lived near Jim and Bernadette Lyons. The Johnsons wanted to develop land they owned that lay behind Lyonses property. The Lyonses objected, along with other neighbors. Years of litigation did not resolve or improve the situatuion.

In 2008, the Johnsons began to harass the Lyones. Here are some of the thihgs they did:

Offered a free golf cart on Craigslist, with the Lyones' address, posted by a friend.

Offered a motorcycle for sale on Craigslist, again with Lyones' address, again posted by a friend

Had their friend send anonymous email containing personal information, including their SSNs and the message "If you aren't miserable, I ain't happy!"

Tried to ruin their busioess.

Sent child protection state officials to Lyones' home to investigate a completely false charge that the Lyones were abusing their son.

Having advised over a thousand stalking victims over the years, I'm quite familiar with this crime. These activities clearly fall under the stalking law or criminal harassment in Massachusetts. The most common stalker/victim type is a current or former boyfriend or husband who is stalking the woman he wants to keep from leaving or wants to get back. But a surprinsing number of stalking situations arise between people who are neighbors. Neighbors, not co-workers or people who have some other kind of relationship. Neighbors.

It makes a certain amount of sense. Neighbors can cause tension in many, many ways. A nieghbor is someone you might not like, but can't easily get away from, and might have to see often. Things that would be minor harassment, if only occasional, can become stalking if they are repeated.

William Johnson was tried and convicted of criminal harassment, and sentenced to 18 months in jail. Gail Johnson was also convicted of criminal harassment and sentenced to 6 months.

The Johnson's appealed their convictions, arguing that they had made no explicit threats, and that they had a constitutionally protected right to speech, even speech that their neighbor didn't like.

Freedom of speech is guaranted by our consitution, but it has limits. We all know that you aren't permitted to yell a false "Fire!" in a public theatre. But what about the Johnson's words, in email and on Craigslist? How does the First Amendment apply, or not, to that?

Fortunately, the state's highest court, the Supreme Judicial Court of Massachusetts, let the convictions stand. The court ruled that "the conduct in question was not protected speech but rather a hybrid of conduct and speech integral to the comission of a crime."

In other words, stalking is a crime that is carried out by both actions and words. Those words, being part and parcel of the crime, are not protected by the First Amendment. No harasser can claim that they are exercising their First Amendment rights by saying words that are necessarily part of their crime.

If anyone you know in Massachusetts is being stalked or harassed, make sure they, the police and their proseutor understand that this ruling might help them get their harasser convicted.

]]>bates@aware.org (Lyn Bates)StalkingMon, 09 Feb 2015 22:30:59 +0000Upcoming Women’s Fun Shoothttp://aware.org/resources/blog/entry/upcoming-women-s-fun-shoot
http://aware.org/resources/blog/entry/upcoming-women-s-fun-shootAre you new to shooting? Do you have a friend, girlfriend, mother, sister, aunt or grandmother who has no experience with guns? All women 16 and over are invited, regardless of skill level, ot a day of fun with guns alongside other women.

The Harvard Sportsmen’s Club will provide classroom safety instruction followed by hands-on range experience with rifle, shotgun, and handgun at the hands of friendly and experienced instructors. Several AWARE instructors have volunteered to assist with this event.

This will be a great opportunity to try recreational shooting or to take the first step toward a firearms license.

The event is called Women On Target. Last year it was sold out, and those who attended were thrilled with the experience. One of my friends, a grandmother, brought her granddaughter and is still talking about how much they both loved this event.

Attendees receive a certificate that fulfills the state requirement for a Mass firearms license.

The cost? Only $50 per person, which covers lunch, all equipment, ammunition, and a student handbook.

The date? Saturday July 19, 2014, 8:30 to 4:30

We expect a sold-out event this year, too, and the limit is 40 attendees, so register soon if you are interested and tell your friends!

Pre-registration is required and payment must be received by July 11th. To register, contact the organizer, Claudia Stewar, at 978-760-1847 or by email cbsstewart2@gmail.com.

]]>bates@aware.org (Lyn Bates)WomenFri, 16 May 2014 17:16:03 +0000Curing the Fatal Flinchhttp://aware.org/resources/blog/entry/curing-the-fatal-flinch
http://aware.org/resources/blog/entry/curing-the-fatal-flinchWhy is it we can't always shoot as evenly as this picture? Sooner or later, someone will watch you shooting and say those fatal words, "You're flinching!" Or you feel yourself tense up when shooting and see the shots go low. "I'm flinching" you think. "Don't flinch," you tell yourslf, as you see your shots going lower and lower on the target. "Dont' flinch!" echoes in your mind with each shot, and you curse afterward, "I flinched!"

What is a flinch, anyway? It is your body's reaction to an anticipated shock. The shock can be the loud noise of a gun firing. The shock can be the gun's recoil. The shock can be pain you experience when you shoot. Whatever has caused the shock in the past (that past can be in your current shooting ssession, or long, long ago) your body knows it is coming again, and tries to protect you by clenching many muscles involuntarily. This usually results in your hands moving the barrel of your gun downwards and the shots go low. It happens to handgun shooters and long gun shooters.

As a teacher, I've seen it happen to many students. The number one cause, in my experience, is sound, so the first thing I will suggest is maximizing hearing protection with both foam in-the-ear plugs and high quality, well-fitted muffs.

There are two ways recoil can be the cause of flinching. One is what you might expect, the upward motion of the fired gun. The other is any backward motion; if recoil has ever made anyone feel they might be pushed over backward, that's very unpleasant; the cure might be careful attention to a shooting stance that never threatenes one's balance. Mindfulness of trigger control will slow the trigger pull and help to avoid a slapped trigger that pulls shots low.

If a flinch is caused by the pain of shooting, the pain must be cured, by a different grip or stance, a modification to the gun, a different kind of ammunition, or even a different gun. Shooting should not hurt.

There are many other things you can do to help cure a flinch. Ten of them, including the Ayoob Wedge technique, are here in the article It's a Cinch Not to Flinch. Take a look and see what might help you, or a shooter you know who has this problem.

Only a few lucky people were able to see the premiere of the documentary film A Girl And A Gun, a by Cathryne Czubek at the Coolidge Corner theatre in Boston.

Now, however, everyone can see this amazing film in the comfort or your own home.From the film’s website:Breaking through stereotypes, A Girl and A Gun reveals America’s diverse and far-ranging female gun community. It depicts how this community is portrayed by the media and targeted by the gun industry; and shows, through personal stories, how guns change women’s lives. The intimate and graphic portrayals in A Girl and A Gun are of women who’ve carved themselves a home in the gun community, but their personal journeys in one way or another reflect the same issues every woman faces today.

It is getting reviews like these:

“Neither overtly pro- nor anti-firearms, “A Girl and a Gun” explores the many ambiguities, real and symbolic, surrounding gun ownership, even as its feminine focus entirely changes the terms of the debate. Czubek’s documentary excels at exploring contradictory facets of her subject.”-Ronnie Scheib, VARIETY

“Shines light on a worthy subject… anyone who walks out not aching for a discussion wasn’t paying attention.”-Maitland McDonagh, FILM JOURNAL

Three Stars! “Director Cathryne Czubek’s well-researched, incredibly lively chronicle of the way guns are marketed to, coveted by, and portrayed with women is a vital glimpse into a cultural phenomenon.”-Joe Neumaier, NY DAILY NEWS

It is fast paced, beautifully edited and constantly entertaining or informing.

Cathryne, the film’s director and producer, strived to make the film non-political, focusing on real portraits of real women and their relationships to guns, good and bad.Two AWARE people are in this film, Robin Natanel is featured as one of the women getting a gun for protection and Lyn Bates, Robin’s instructor.

Who is Cathryne Czubek, you might ask? AWARE folk know, but this is to reach other folk who might be very interested in seeing A GIRL AND A GUN, a wonderful documentary film by this woman.

From the theatre’s website, “A Girl and a Gun shows the female perspective on an object whose history is deeply bound to men and masculinity.The classic Hollywood portrayals of pistol packin' mamas, tomboy sharp shooters, sexually twisted femme fatales, and high-heeled, cold-blooded assassins are caricatures. In truth, the typical woman who hangs out at rifle ranges and keeps ammo in her purse is the girl-next-door, the single mom, a hard working sister or aunt. Maybe she's a realist or has learned tough lessons from life; either way, she cares about her personal safety and may even find salvation, comfort or something satisfying in possessing a gun. In a word, she is empowered.Breaking through the caricatures, A Girl and a Gun reveals America's diverse and far-ranging female gun community. It depicts how this community is portrayed by the media and targeted by the gun industry; and shows, through personal stories, how guns change women's lives.”

Cathryne, the film’s director and producer, (who strived to make the film non-political) will be here for this showing, and for a Q&A discussion afterward, joined by Robin Natanel (one of the women featured in the documentary) and Lyn Bates (Robin’s instructor, also in the film).

A 75-year old woman named Sandra Layne recently endured a jury trial because she shot her grandson. The shooting was never in dispute, just her claim of self-defense.

Here is some background, gathered to support her defense. Sandra Layne and her husband, Fred, had agreed to take into their Pontiac, Michigan home their 17- year old grandson, Jonathan Hoffman for his final year of high school. Jonathan had been living with his parents in Arizona, but depending on which story you choose to believe, his parents were divorcing, or his sister developed a brain tumor and so his parents needed to devote most of their time to her.

Jonathan was not an easy teenager to deal with. He used drugs, not just marijuana but something hallucinogenic that required hospitalization at one point.). He brought people his grandparents didn’t know, and doubtless would not have approved of, into their home, without their permission. He didn’t respect or listen to his grandmother. He swore at her. He demanded that she give him money. He had an awful temper, and hit or kicked things. In short, he was completely unmanageable.

She bought a gun, a Glock, because she thought Jonathan’s friends might be dangerous.

A few days before his death, Jonathan had failed a drug test that put him in violation of his probation. He wanted to get away, out of Michigan before he could be jailed, and he wanted his grandmother’s car and money to carry out his escape plan.

Sandra Layne said he hit her during a huge argument about money, and that she was afraid of him.

She sounds quite sympathetic, doesn’t she? If you had been on her jury, would you have believed her claim of self-defense and acquitted her? Would you at least have reduced her guilt from first degree murder charge to manslaughter?

Let’s look at a few more facts about this situation. Maybe that will help you decide.

Layne fired 9 shots (from a Glock 9mm) and hit him 5 times. Better accuracy than many people in that kind of situation would have had, you might be saying. But what if I add the fact that the 911 call showed that those 10 shots took place over 6-minutes? Yes, 6 minutes, not 6 seconds.

Layne shot him, and walked out of that room. Apparently he called 911, kept the 911 operator on, then she returned to the room where he was lying on the floor, and shot him again. If a fight had been continuing, the 911 call would have picked it up. The 911 call did pick up Jonathan saying, "My grandma shot me. I'm going to die.” A few minutes later he said, “Help. I got shot again."

Another telling point, Layne never asked for an ambulance for her grandson.

Layne was examined at a hospital right after the incident, but did not appear to be injured in any way, undermining her claim that Jonathan had hit her.

Does that change your opinion of what the verdict should have been? The jury in this case had the 911 tape in the jury room, and played it over and over. It helped them reach their verdict: guilty (first-degree murder). That poor woman will spend at least 14 years in prison, if she lives long enough to complete her sentence.

]]>bates@aware.org (Lyn Bates)LegalWed, 19 Jun 2013 15:59:41 +0000Stalking Safety Book Now an eBookhttp://aware.org/resources/blog/entry/stalking-safety-book-now-an-ebook
http://aware.org/resources/blog/entry/stalking-safety-book-now-an-ebookI’ve always hated the cover of my book, Safety for Stalking Victims: How to Save Your Privacy, Your Sanity, and Your Life. How the book came to have a picture of what looks like a woman falling though mid air, instead of something conveying the relentless fear and anxiety stalking victims experience -- well, that is just too long to explain in a blog post.

I wrote the book because other books about stalking at that time focused on analyzing the types of stalkers, detailing the kinds of things they did, and offering some strategies that might, or might not, make them stop. Very little addressed specifically the problem of safety. How can one tell whether a particular stalking situation is truly dangerous, and if so, what can a person being stalked, usually a woman, do to protect herself?